Matthews v. Superor Court of California, County of Sacramento

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 02/27/18 denying 24 Motion for Certificate of Appealability insofar as it may be construed as directed to this district court. The Clerk of Court shall forward petitioners motion filed January 24, 2018, 24 , to the Ninth CircuitCourt of Appeals. (Plummer, M) Modified on 2/28/2018 (Plummer, M).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH KEITH MATTHEWS, 11 12 13 No. 2:17-cv-0440 MCE AC P Petitioner, v. ORDER RON RACKLEY, Warden, 14 15 16 Respondent. This action was dismissed and judgment entered on January 5, 2018. See ECF Nos. 22-3. 17 This court declined to issue a certificate of appealability pursuant to 28 U.S.C. § 2253. ECF No. 18 22. Thereafter petitioner filed a motion for certificate of appealability directed to the Ninth 19 Circuit Court of Appeals. ECF No. 24. 20 For good cause shown, IT IS HEREBY ORDERED that the Clerk of Court shall: 21 1. Forward petitioner’s motion filed January 24, 2018, ECF No. 24, to the Ninth Circuit 22 23 24 25 26 27 28 Court of Appeals; and 2. Designate on the instant docket that petitioner’s motion, insofar as it may be construed as directed to this district court, is denied as moot. SO ORDERED. DATED: February 27, 2018

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